03/05/2013 01:30 PM Senate JUDICIARY

           SB  56-RECLASSIFYING CERTAIN DRUG OFFENSES                                                                       
                                                                                                                                
1:30:28 PM                                                                                                                    
CHAIR COGHILL  announced the  consideration of  SB 56,  and noted                                                               
that this was the second hearing.                                                                                               
                                                                                                                                
1:30:56 PM                                                                                                                    
CHUCK  KOPP, staff  to  Senator  Fred Dyson,  sponsor  of SB  56,                                                               
stated that the current drug  policy imposes a fiscal burden that                                                               
is not sustainable. He explained  that SB 56 refocuses prison bed                                                               
space  on  violent  and career  criminals  while  protecting  law                                                               
enforcement's  ability to  aggressively pursue  drug distributors                                                               
and  repeat offenders.  This will  benefit  society by  improving                                                               
prospects  for  drug offenders  to  get  jobs, be  professionally                                                               
licensed, and  get housing, all  of which are  variables strongly                                                               
correlated  with  decreased  alcoholism, domestic  violence,  and                                                               
recidivism. He provided a sectional analysis.                                                                                   
                                                                                                                                
Section  1 amends  AS  11.71.040  by raising  the  quantity of  a                                                               
Schedule IA  or Schedule IIA  controlled substance  in possession                                                               
that  precipitates  a  felony  charge  from  "any  amount"  to  a                                                               
quantity  that  would  imply   distribution.  The  quantity  that                                                               
implies distribution  and opens the  offender to a  felony charge                                                               
is 15  or more  tablets, ampules,  or syrettes  when the  drug is                                                               
found in  such a form. (Schedule  IA drugs are commonly  known as                                                               
codeine,  hydrocodone,   and  heroin.  Schedule  IIA   drugs  are                                                               
commonly known  as meth  and cocaine.)  However, the  bill lowers                                                               
the felony  presumptive limit  to 500  milligrams for  heroin and                                                               
300 milligrams for Lysergic acid diethylamide (LSD).                                                                            
                                                                                                                                
Any person found in possession of  any amount of a Schedule IA or                                                               
Schedule IIA  controlled substance  may still  be charged  with a                                                               
class C  felony if  the person has  been previously  convicted of                                                               
any drug  offense defined in AS  11.71.010 - AS 11.71.050  in the                                                               
five  years preceding  the  current offense.  The  bill does  not                                                               
affect any  provisions of  this statute  or any  other controlled                                                               
substance statute  that empowers law enforcement  and prosecutors                                                               
to charge and convict distributors of controlled substances.                                                                    
                                                                                                                                
1:34:11 PM                                                                                                                    
Section  2  provides  that  offenders   in  possession  of  small                                                               
quantities of Schedule IA and  Schedule IIA controlled substances                                                               
may  be prosecuted  under AS  11.71.050, a  class A  misdemeanor.                                                               
Offenders in possession of quantities  above the felony level are                                                               
subject to  prosecution under AS  11.71.040. The felony  limit is                                                               
established as  15 tablets,  ampules, or syrettes  or 3  grams if                                                               
found in a  preparation, compound, or mixture.  The felony limits                                                               
are reduced to  500 milligrams for heroin and  300 milligrams for                                                               
LSD.                                                                                                                            
                                                                                                                                
Section  3   establishes  that  this  Act   applies  to  offenses                                                               
committed on or after the effective  date of the Act, except that                                                               
references   to   previous   convictions  in   the   three-strike                                                               
provisions  in Section  1 include  convictions occurring  before,                                                               
on, or after the effective date.                                                                                                
                                                                                                                                
Section  4 removes  conflicting  language related  to bath  salts                                                               
from AS  11.71.040 and AS  11.71.050 and provides  that hereafter                                                               
bath  salts  will be  treated  the  same  as other  Schedule  IIA                                                               
controlled substances.                                                                                                          
                                                                                                                                
Section 5 provides for an effective date.                                                                                       
                                                                                                                                
MR. KOPP noted that the bill contained a drafting error.                                                                        
                                                                                                                                
1:36:52 PM                                                                                                                    
FORREST  DUNBAR, public  advocacy  attorney,  clarified that  his                                                               
comments relate  to research that he  did last year while  at the                                                               
Office of Public Advocacy (OPA),  but he was not representing OPA                                                               
or  the  Department  of Administration.  He  explained  that  the                                                               
three-strike  rule in  Section 1  helps to  differentiate between                                                               
first time  abusers and repeat  offenders. Furthermore,  if there                                                               
is any  evidence that a person  is a drug distributor  the person                                                               
can be prosecuted with a felony.  SB 56 should lead to reductions                                                               
in prison admissions, legal costs,  judicial costs, barrier crime                                                               
issues  for low-level  offenders,  and welfare  costs. Fewer  low                                                               
risk offenders  will be placed  on felony probation  which should                                                               
lead to a reduction in the caseload for probation officers.                                                                     
                                                                                                                                
He displayed  a graph of  Alaska's prison population  growth from                                                               
2003 to  2012 and  projected growth  to 2020.  It shows  that the                                                               
average  inmate population  has been  growing slightly  less than                                                               
three percent  per year. Based  on that  rate, the state  by 2016                                                               
will either  have to  build another Goose  Creek prison  or start                                                               
exporting Alaskan prisoners to other jurisdictions.                                                                             
                                                                                                                                
MR. DUNBAR described  the three primary drivers  of prison growth                                                               
that the  Alaska Department of  Corrections identified  in August                                                               
2012.                                                                                                                           
                                                                                                                                
   1.  Increased admissions for second degree felony theft (theft                                                               
     of property valued over $500) and increased sentence                                                                       
     lengths associated with these offenses.                                                                                    
   2. A 63 percent rise in prison admissions for drug offences,                                                                 
     particularly felony offenders convicted of possession                                                                      
     offenses.                                                                                                                  
   3. Increases in petitions to revoke probation (PTRP) and                                                                     
     probation violations.                                                                                                      
                                                                                                                                
1:39:23 PM                                                                                                                    
MR. DUNBAR  displayed a  chart showing the  number of  cases that                                                               
were filed  in the  Alaska Court  System from  2008 to  2012 with                                                               
fourth degree misconduct involving  a controlled substance (MICS-                                                               
4) charges.  [In 2008, 622  cases were filed with  MICS-4 charges                                                               
and  in 2012,  977  cases  were filed  with  MICS-4 charges.]  He                                                               
highlighted that  this reform will  result in fewer  people being                                                               
charged with  low-level felonies. The collateral  consequences of                                                               
these  small  quantity  drug felonies  include  barriers  to  all                                                               
employment, difficulty finding housing,  inability to qualify for                                                               
benefits like Food Stamps, and  ineligibility to become a Village                                                               
Public Safety  Officer (VPSO). These  barriers make  it extremely                                                               
difficult  for   successful  reentry  into  the   community,  and                                                               
possibly drive recidivism.                                                                                                      
                                                                                                                                
He  reviewed  the   ways  that  SB  56  will   reduce  legal  and                                                               
adjudication costs.  Anchorage court statistics show  that felony                                                               
cases  take  about   twice  as  long  to   reach  disposition  as                                                               
misdemeanor cases, which leads to  higher cost. Felony cases also                                                               
require  empaneling   a  grand  jury   and  the  need   for  more                                                               
experienced attorneys, both of which lead to higher costs.                                                                      
                                                                                                                                
MR. DUNBAR  estimated that  passing SB 56  will result  in annual                                                               
savings of between $400,000 and  $800,000 to defense agencies and                                                               
the  court. Legislative  Research Services  found that  about $14                                                               
million  in  annual  costs are  associated  with  low-level  drug                                                               
crimes,  primarily   from  the  Department  of   Corrections.  He                                                               
acknowledged that  his estimates were more  conservative, but the                                                               
important point is  that the bill could save tens  of millions of                                                               
dollars over the next decade.                                                                                                   
                                                                                                                                
The  bill  also  affects  public  safety.  Fourteen  states  have                                                               
already  classified low-level  drug possession  as a  misdemeanor                                                               
and  those states  have lower  rates of  violent crime,  property                                                               
crime, and  incarceration and significantly higher  rates of drug                                                               
treatment. He highlighted that DOC is starting to focus on this.                                                                
                                                                                                                                
1:44:06 PM                                                                                                                    
MR.   DUNBAR  refuted   the  argument   that   people  won't   be                                                               
incentivized  to stay  in treatment  if  the threat  of a  felony                                                               
isn't hanging over their heads.  He pointed out that states where                                                               
possession  of these  drugs is  a  misdemeanor have  demonstrably                                                               
higher  rates of  drug  treatment  and lower  rates  of rape  and                                                               
domestic violence.  Also, prosecutors  and judges have  said that                                                               
imposing sufficient  suspended time  is an  incentive to  stay in                                                               
treatment.                                                                                                                      
                                                                                                                                
MR.  DUNBAR said  the  bill  won't have  a  large  impact on  the                                                               
Department  of Public  Safety, but  will have  a large  impact on                                                               
possession offenders because  it reduces collateral consequences.                                                               
It might also have a  positive effect on recidivism. He described                                                               
an example from the state of  Florida and opined that people with                                                               
a felony label are more likely  to become trapped in the criminal                                                               
milieu than  those who do  not have that label.  Convicted felons                                                               
find it  more difficult to  find gainful employment and  are more                                                               
likely to reoffend.                                                                                                             
                                                                                                                                
In conclusion  he posited that SB  56 will result in  a reduction                                                               
in probation  officer caseloads, which  will lead to  direct cost                                                               
savings to the state. Over the  long term the savings could be in                                                               
the tens of millions of dollars.  If the bill avoids the building                                                               
of  another  prison, the  savings  could  amount to  hundreds  of                                                               
millions of dollars.                                                                                                            
                                                                                                                                
1:46:25 PM                                                                                                                    
WALT MONIGAN, Native  Justice Center, stated that he  likes SB 56                                                               
because  it is  based  on  a logical  and  intuitive approach  to                                                               
addiction. It is treatment versus  incarceration, which gives the                                                               
offender a second chance. Finally,  it can forestall the branding                                                               
of a felony on a person.  Being branded a felon closes many doors                                                               
and almost  guarantees continued  drug use  or abuse,  because it                                                               
limits other  opportunities such  as jobs. He  said this  bill is                                                               
long  overdue  and   if  passed  it  will   help  reduce  current                                                               
offenders' bitterness,  anti-social behavior, and  continued drug                                                               
use.  It  will  have  a positive  effect  on  subsequent  crimes,                                                               
domestic violence, child abuse, and neglect.                                                                                    
                                                                                                                                
1:49:05 PM}                                                                                                                   
RICK  ALLEN, Director,  Office of  Public Advocacy,  stressed the                                                               
importance  of getting  Alaska's prison  population growth  under                                                               
control.   Alaska  has   one  of   the  fastest   growing  prison                                                               
populations in  the U.S. and is  one of the few  states where the                                                               
population is  still growing. Conversely,  states like  Texas are                                                               
closing prisons. He said the  cost of building Goose Creek prison                                                               
is equivalent  to the cost of  building ten new high  schools and                                                               
another  Goose Creek  will be  needed very  soon if  things don't                                                               
change.  He  discussed  the  devastating   impacts  of  a  felony                                                               
conviction on individuals and families.                                                                                         
                                                                                                                                
Studies  show that  having  a parent  in prison  can  be just  as                                                               
harmful  to  a  child  as  witnessing  or  experiencing  domestic                                                               
violence. He emphasized  that it makes no sense for  the state to                                                               
spend  $50,000  a  year  to incarcerate  somebody  for  being  in                                                               
possession of $100  worth of drugs. He  suggested considering the                                                               
analysis of  fiscal conservatives  like Jeb Bush,  Newt Gingrich,                                                               
and  Bill Bennett  and  reclassifying the  state's  drug laws  as                                                               
proposed  by  SB  56. Furthermore,  evidence  from  other  states                                                               
indicates  that reclassification  is  unlikely  to have  negative                                                               
impact on public safety.                                                                                                        
                                                                                                                                
1:51:20 PM                                                                                                                    
KARL  BURGGRAF,  representing  himself, stated  support  for  the                                                               
intent of SB  56. He offered his belief that  drug crimes need to                                                               
be  treated  differently  and  that  the  three  strikes  law  is                                                               
ridiculous. He shared a personal story.                                                                                         
                                                                                                                                
SENATOR  DYSON  said he'd  like  the  committee to  consider  the                                                               
housekeeping amendment that Mr. Kopp referenced.                                                                                
                                                                                                                                
1:56:17 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
1:58:24 PM                                                                                                                    
CHAIR COGHILL  reconvened the meeting  and asked for a  motion to                                                               
adopt the amendment.                                                                                                            
                                                                                                                                
SENATOR DYSON moved Amendment 1, labeled 28-LS0355\N.1.                                                                         
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                     BY SENATOR DYSON                                                                 
                                                                                                                                
                                                                                                                                
     Page 3, line 11:                                                                                                           
          Delete "AS 11.71.150(b)(9)"                                                                                       
          Insert "AS 11.71.150(b)(12)"                                                                                      
                                                                                                                                
CHAIR COGHILL objected for discussion purposes.                                                                                 
                                                                                                                                
MR.  KOPP explained  that  the intention  was  to reference  LSD,                                                               
[which paragraph (12) does].                                                                                                    
                                                                                                                                
1:59:42 PM                                                                                                                    
CHAIR COGHILL removed his objection  and announced that Amendment                                                               
1 was adopted.                                                                                                                  
                                                                                                                                
1:59:56 PM                                                                                                                    
SENATOR  DYSON moved  to report  SB 56,  version N  [as amended],                                                               
from  committee  with  individual  recommendations  and  attached                                                               
fiscal note(s).                                                                                                                 
                                                                                                                                
CHAIR  COGHILL announced  that  without  objection, CSSB  56(JUD)                                                               
moved from the Senate Judiciary Standing Committee.